Appeal under Section 65 of the Criminal Procedure (Scotland) Act 1995:- On 21 September 2007, the appellant appeared with five co-accused on petition at Alloa Sheriff Court, on a charge of being concerned in the supplying of cannabis resin. As such the twelve month time bar was 21 September 2008. The appellant was granted bail at that time and was subsequently indicted on the same charge. In advance of the first diet those acting on behalf of the appellant made repeated requests for a copy of a ...
|
Criminal Note of Appeal Against Conviction and Sentence:- On 24 February 2006 the appellant was found guilty after trial by a majority verdict at Glasgow Sheriff Court of a contravention of section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995. The appellant was sentenced to an extended sentence of 30 months, the duration of the custodial term being 18 months imprisonment, and the extended period being 12 months. The appellant lodged a Note of Appeal against conviction and sentenc ...
|
Motion for Caution:- In this action the pursuer was a party litigant and the defenders were the publishers of inter alia "The Sunday Times". The pursuer sought damages, declarator and interdict by reason of wrongs that he averred he suffered by the publication on 11 February 2007of an article entitled "Heritage Fakers Hold Builders to Ransom". Here the defenders enrolled a motion for the pursuer to find caution in the sum of £50,000, or such other sum as might to the court seem appropriate ...
|
Debate:- The parties were the education authorities for their respective areas. The dispute between the parties related to the cost of the provision of additional support services for children of families ordinarily resident in the defenders' area, who therefore belonged to the defenders' area. In each case the child was placed in school as a result of a parents' application to the pursuers. The pursuers submitted that the defenders were liable because the children belonged to their area, and th ...
|
Procedure Roll:- In this case the pursuers were a married couple who traded as partners. The first named defenders were the lead syndicate in relation to a policy of insurance which was the subject of dispute and that the second, third, fourth and fifth named defenders were also Lloyds syndicates or representatives of the underwriters of the syndicates which underwrote the policy. In this action the pursuers sought declarator that the defenders were obliged to indemnify the pursuers for their re ...
|
Debate:- The pursuer claimed that sums debited from his account on the instructions of a firm of solicitors in Manchester, Davis Blank Furniss, were made without his authority and the sums debited from the account included a sum at credit of the account in the sum of £350,000. They also included sums paid under a loan facility. The defenders claimed that they had authority and that this was shown from the face of the pursuer's pleadings and at debate on the defenders' general plea to the re ...
|
On 2 January 2008 the petitioner was playing for East Fife in a Scottish Football League Championship third division match against Stranraer Football Club at East Fife's home ground of New Bayview Stadium, Methil. At the end of the match there was a heated argument between both sets of players that continued in to the dressing room area of the ground. In his match report the referee stated:- "the phrase "black bastard" coming from the direction of the home dressing room door although I could not ...
|
The pursuers were the rating authority for the City of Glasgow. Their claim in this action was for the balance of non-domestic rates due in respect of 67 and 69 Kilmarnock Road for the years 2004/5, 2005/6 and 2006/7. The sum claimed was £64,036.22 plus interest. The defenders were formerly directors of Arigo Limited the lessee of premises at 67 Kilmarnock Road, Glasgow. The defenders were also directors of Degreefresh Limited and opened a wine bar, under the name "Bar Vino", at 69 Kilmarno ...
|
Practice and Procedure - Service This is an appeal from the judgment of 21 January 2008 of Employment Judge Davey, who decided that the amended claim form, which now named Bennington Training Services as Respondent, was out of time and that it was reasonably practicable for Mr Ryan to have brought the claim within time. Appeal allowed and EAT's judgement substituted for that of the ET. Case remitted back to ET for full hearing.
|
Practice and Procedure - Costs Failure to consider application of Polkey principle to compensating award for unfair dismissal. Inadequate reasoning to explain full costs order. Case remitted to same tribunal to consider Polkey and costs.
|
| 1 |